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Redaction retraction in the works

Shereen Siewert
8:42 a.m. CDT July 31, 2014

Police departments could stop blacking out personal information after the League of Wisconsin Municipalities reached a compromise with the Wisconsin Newspaper Association.(Photo: Gannett Wisconsin Media file image)

A little known privacy lawsuit out of Illinois blamed for 'making a mess' out of Wisconsin's public records laws seems to be coming to an end in favor of restoring public access to arrest records and crash reports.

This week's announcement by the Wisconsin Newspaper Association details an agreement involving the League of Wisconsin Municipalities that allows for the public release of personal information to individuals, companies and media outlets who seek the information in the interest of public safety. The League, which acts as a lobbying organization and legal resource for Wisconsin's municipalities, plans to inform municipal attorneys of the agreement in the coming weeks. The document is expected to be posted on the league's web page for members in August, according to a statement released by the WNA.

The recommendation will likely put an end to the redaction policies put in place in early 2013 by at least 30 Wisconsin municipalities — including the cities of Wausau, Green Bay and Appleton — that prohibited the release of any personal information obtained from someone's driver's license.

The policy stems from a 2010 case in which a federal court ruled that police in neighboring Illinois had violated Jason Senne's privacy when an officer wrote information obtained through the state's Department of Motor Vehicles on a parking ticket left on the man's vehicle. Senne, who sued the village for $80 million, alleged that the police violated the Driver's Privacy Protection Act by leaving his personal information in plain view. The case is the root of what Bill Lueders, president of the Wisconsin Freedom of Information Council, called an "overreaction and misinterpretation" of law.

"There was never any need for this," Lueders said. "If you want proof, look to other states. No other state reacted this way; not even Illinois, where the case originated."

News of this week's agreement has not yet trickled down to government officials. Marathon County Corporation Counsel Scott Corbett said he is aware an agreement has been in the works, but has not yet received final word from the county's insurer. Appleton City Attorney James Walsh said he will review the recommendation when it reaches his office.

In March, St. Croix County Judge Howard Cameron, in a lawsuit brought by the New Richmond News, ruled that the Illinois decision does not overrule Wisconsin open records laws. The judge ruled that releasing police reports "is directly related to the public safety of the city."

Despite Cameron's ruling, police officials in many Wisconsin communities continued to redact.

The policy affected more than just media outlets.

In March in Sheboygan Falls, Brenda O'Malley spent 13 days tracking down a crash report identifying the man who crashed into her daughter's car after police wouldn't release an unredacted report. And in Wausau, the name and driving history of a 51-year-old man who in June 2013 struck and killed 85-year-old Frances M. Wilk at speeds approaching 80 mph in a 25 mph zone on 17th Avenue remains a mystery to the public.

A 2008 legal opinion written by Wisconsin Attorney General J.B Van Hollen cited dozens of cases that show the driver's privacy act was not intended to restrict public access to information under the state's open records law.

"It is fundamental to a free society that the fact of arrest and the reason for arrest be available to the public," Van Hollen wrote.

But since 2008, Van Hollen repeatedly has declined to issue any clearer guidelines. Attempts on Wednesday to reach Dana Brueck, communications officer for Van Hollen, were not successful.

Under this week's agreement, people requesting records will be required to complete a form stating the information will be used specifically "related to the operation of a motor vehicle or public safety."

The agreement is a stopgap measure until an appellate court decision is reachedon the Illinois man's case. Such a decision could take a year, according to the WNA statement.

Lueders praised the move as a way to lift the veil of secrecy that the redaction policies lowered onto ordinary citizens, companies and media organizations.

"Anything that makes these records easy to get is good news," Lueders said. "This issue has made a mess of our open records law."